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Sample Room Rental and Catering Proposal

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					     STATE OF NEW MEXICO

DEPARTMENT OF CULTURAL AFFAIRS
 FARM & RANCH HERITAGE MUSEUM




      REQUEST FOR PROPOSALS

      CATERING SERVICES AT THE
   FARM & RANCH HERITAGE MUSEUM

               RFP: 2009-2

        Farm & Ranch Heritage Museum
          4100 Dripping Springs Road
          Las Cruces NM 88011-5067
            Mark Santiago, Director



      ISSUE DATE: March 11, 2009




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                                             TABLE OF CONTENTS

                                                                                                                                 Page No.
I.    INTRODUCTION
      A.   PURPOSE OF THIS REQUEST FOR PROPOSALS ................................. 4
      B.   SUMMARY SCOPE OF WORK .................................................................. 4
      C.   SCOPE OF PROCUREMENT ...................................................................... 5
      D.   PROCUREMENT MANAGER .................................................................... 5
      E.   DEFINITION OF TERMINOLOGY ............................................................ 6
      F.   BACKGROUND INFORMATION .............................................................. 7

II.   CONDITIONS GOVERNING THE PROCUREMENT
      A.   SEQUENCE OF EVENTS ............................................................................. 8
      B.   EXPLANATION OF EVENTS .................................................................... 8
               1.       Issue of RFP .................................................................................................. 8
               2.       Distribution List Response............................................................................ 8
               3.       Pre-Proposal Conference/Site Visit .............................................................. 9
               4.       Deadline to Submit Written Questions......................................................... 9
               5.       Response to Written Questions/RFP Amendments ..................................... 9
               6.       Submission of Proposal................................................................................. 9
               7.       Proposal Evaluation ...................................................................................... 9
               8.       Selection of Finalists ................................................................................... 10
               9.       Best and Final Offer.................................................................................... 10
               10.      Oral Presentations by Finalists ................................................................... 10
               11.      Finalize Lease.............................................................................................. 10
               12.      Execution of Lease...................................................................................... 10
               13.      Protest Deadline .......................................................................................... 10
               14.      Oversight Approval..................................................................................... 10
               15.      Start of Contract Term/Operations Begin................................................... 11

         C. GENERAL REQUIREMENTS .................................................................11
               1.       Acceptance of Conditions Governing the Procurement.......................... 11
               2.       Incurring Cost ......................................................................................... 11
               3.       Prime Contractor Responsibility............................................................. 11
               4.       Subcontractors ........................................................................................ 11
               5.       Amended Proposals ................................................................................ 11
               6.       Offeror’s Rights To Withdraw Proposal................................................. 11
               7.       Proposal Offer Firm ................................................................................ 11
               8.       Disclosure of Proposal Contents............................................................. 11
               9.       No Obligation ......................................................................................... 12
               10.      Termination............................................................................................. 12
               11.      Sufficient Appropriation ......................................................................... 12
               12.      Legal Review .......................................................................................... 12
               13.      Governing Law ....................................................................................... 12
               14.      Basis for Proposal ................................................................................... 12
               15.      Lease Terms and Conditions................................................................... 12
               16.      Offeror’s Terms and Conditions ............................................................. 12
               17.      Contract Deviations ................................................................................ 12
               18.      Offeror Qualifications............................................................................. 12



                                                                   2
                   19.        Right To Waive Minor Irregularities ...................................................... 13
                   20.        Change in Contractor Representatives.................................................... 13
                   21.        Notice...................................................................................................... 13
                   22.        Museum Rights ....................................................................................... 13
                   23.        Right To Publish ..................................................................................... 13
                   24.        Ownership of Proposals .......................................................................... 13
                   25.        Electronic Mail Address Required.......................................................... 13
                   26.        Use of Electronic Versions of this RFP .................................................. 13
                   27.        State and Local Ordinances .................................................................... 13
                   28.        Status of Successful Offerors.................................................................. 14

III.     RESPONSE FORMAT AND ORGANIZATION
         A.   NUMBER OF RESPONSES........................................................................ 14
         B.   NUMBER OF COPIES ................................................................................ 14
         C.   PROPOSAL FORMAT ................................................................................ 14
                   1.         Proposal Organization................................................................................. 14
                   2.         Letter of Transmittal ................................................................................... 15

IV.      MANDATORY SPECIFICATIONS
         A.  Experience ..................................................................................................... 15
         B.  Compensation and Standards........................................................................ 16
         C.  References ..................................................................................................... 16
         D.  Service Provider Form .................................................................................. 16
         E.  Financial History Form ................................................................................. 17
         F.  Equipment and Sample Menu....................................................................... 17

V.       EVALUATION
         A.   Evaluation Criteria ........................................................................................ 17
         B.   Evaluation Factors......................................................................................... 17
              1.     Cost/Financial Benefit to the Museum............................................. 17
              2.     Ability to Provide Products Described and Services....................... 18
              3.     Proposed Menu and Pricing ............................................................. 18
              4.     Fiscal Feasibility/Financial Soundness of Offeror........................... 18
              5.     Previous Experience ......................................................................... 18
              6.     Special Skills in Marketing .............................................................. 18
         C.   Evaluation Process ........................................................................................ 19

APPENDICES:
     A.   Acknowledgement of Receipt Form............................................................. 20
     B.   Service Provider Form .................................................................................. 21
     C.   Financial History Form ................................................................................. 22
     D.   Sample Lease Agreement ............................................................................. 23




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I.   INTRODUCTION

     A.   PURPOSE OF THIS REQUEST FOR PROPOSALS
          The Board of Directors of the New Mexico Farm & Ranch Heritage Museum is
          seeking competitive proposals from qualified independent contractors to operate and
          administer a full-service catering concession.

          The purpose of this Request for Proposals (RFP) is to select a qualified Offeror to
          operate and administer a full-service catering concession at the Bruce King Building
          of the New Mexico Farm & Ranch Heritage Museum (hereinafter “the Museum”).
          The Museum, located in Las Cruces, N.M., is a division of the Department of
          Cultural Affairs.

     B.   SUMMARY SCOPE OF WORK
          1) Vendor will operate a food services facility and kitchen for the purpose of
             catering events for groups of 20 to 500+. Vendor will provide its own food
             stock, tables, linens, and other such goods necessary to cater events. The
             Museum makes available some additional tables, chairs, or other equipment as
             described in Exhibit C of the sample lease. Any additional materials are the
             responsibility of the Vendor; if any such materials are available from the
             Museum, they may be rented by Vendor under whatever terms and conditions
             are set forth by the Museum on a case-by-case basis.
          2) The Premises where the awarded Offeror (Vendor) will operate and provide its
             services are defined as: a) a catering kitchen and storage area of approximately
             829 square feet and the catering office space area of approximately 443 square
             feet. These areas are defined in map layout in Exhibit A of the sample lease
             attached; b) two standard portable storage containers located adjacent to the
             Bruce King Building of approximately 160 square feet each; c) additional areas
             defined in Exhibit B of the sample lease attached which may be periodically
             rented subject to the activities of the Museum or the operation of other
             enterprises, subject to terms and limitations as described in the sample lease
             attached. The Premises includes some equipment provided by the Museum,
             which is delineated in Exhibit C of the sample lease attached.
          3) Vendor will be expected to be “full service”, including the initial consultations,
             booking, setup, execution, and breakdown of any events. Catered events are
             subject to booking and approval through whatever process the Museum outlines
             in its policies and procedures for room reservations.
          4) The proposed agreement does not include “exclusive food service rights” for
             Museum events, programs, or activities.
          5) Vendor will provide catering services without interfering with the purpose,
             mission, and regular operation of the Museum.
          6) Vendor will provide quality service in meeting Museum guests’ needs for
             catering and meetings.
          7) Pursuant to §60-6A-10 NMSA 1978, Museum will lease its beer and wine
             license to Vendor under the terms of a separate agreement. The successful
             negotiation of such an agreement (including rental fee amounts) is a



                                              4
         requirement of award of this catering Lease and the Vendor applying for, being
         permitted to, and complying with all applicable regulations of the New Mexico
         Alcohol and Gaming Division.
     8) Vendor will be expected to provide sufficient staffing to serve its clients before,
         during, and after the actual event and for the setup and breakdown (including
         cleaning) of the event. It is also expected to have sufficient staffing or other
         arrangements to show and discuss arrangements with potential clients without
         burdening Museum staff or operations.
     9) Vendor must agree to various terms and conditions included in the sample lease
         in the attachment, including following any Museum policies and procedures,
         which include rules and regulations regarding the use of the Premises.
     10) Museum will pay for all water, gas, heat, light, telephone service, power,
         sewage charges, and janitorial services as supplied to the Premises. Vendor will
         pay for additional telephone services, including additional lines for operation of
         credit card machines, fax machines, and other similar units.
     11) Vendor will be responsible for securing the leased premises at the end of its
         work day. Museum will provide security outside the leased premises and for all
         areas after normal business hours. Vendor also will be responsible for providing
         additional security during events as required by Museum policies and
         procedures.

C.   SCOPE OF PROCUREMENT
     The scope of procurement shall encompass the defined Scope of Work, detailed in the
     Sample Lease attached and additional information in this RFP. The lease is scheduled
     to begin on approximately July 1, 2009, or upon receiving all required state
     approvals, for a term of no more than three years, ending June 30, 2012. The Museum
     reserves the option to extend the lease on two occasions for a period of one year
     each. In no case shall the lease, including all renewals thereof, exceed a total of five
     years in duration (beyond June 30, 2015). The contract shall be reviewed annually
     based on performance and the needs of the Museum. This procurement will result in a
     single source award.

D.   PROCUREMENT MANAGER
     The Farm & Ranch Heritage Museum has designated a Procurement Manager who is
     responsible for the conduct of this procurement whose name, address, and telephone
     number are listed below. All deliveries via express carrier should be addressed as
     follows:

                        Catering RFP Evaluation Committee
                        %Jean Gomez, Procurement Manager
                        Farm & Ranch Heritage Museum
                        4100 Dripping Springs Road
                        Las Cruces NM 88011-5067
                        Phone: 575-522-4100
                        FAX: 575-522-3085
                        E-mail: jean.gomez@state.nm.us



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     Any inquiries or requests regarding this procurement should be submitted to the
     Procurement Manager in writing. Offerors may contact ONLY the Procurement
     Manager regarding the procurement. Other Museum employees do not have the
     authority to respond on behalf of the Museum. Any question, comment or concern
     will be shared with all interested parties to this proposal. Fax or e-mail proposals
     will not be accepted.

E.   DEFINITION OF TERMINOLOGY
     This section contains definitions and abbreviations that are used throughout this
     procurement document.

     “Agency” means the Department of Cultural Affairs.

     “Close of Business” means 5:00pm Mountain Standard or Mountain Daylight Time,
     whichever is in effect on the date given.

     “Contract” means a written agreement for the procurement of items of tangible
     personal property or services.

     “Contractor” means a successful Offeror who enters into a binding Lease.

     “Department” – For purposes of administering the RFP and associated proposals,
     “Department” means the Department of Cultural Affairs.

     “Desirable” – The terms “may”, “can”, “should”, “preferably”, or “prefers” identify a
     desirable or discretionary item or factor (as opposed to “mandatory”).

     “Determination” means the written documentation of a decision by the Procurement
     Manager including findings of fact supporting a decision. A determination becomes
     part of the procurement file.

     “Evaluation Committee” means a body determined by the Museum administration to
     perform the evaluation of offeror proposals.

     “Evaluation Committee Report” means a document prepared by the Procurement
     Manager and the Evaluation Committee for submission to the Museum Board of
     Directors for lease award. It contains all written determinations resulting from the
     procurement.

     “Finalist” is defined as an offeror who meets all the mandatory specifications of this
     Request for Proposals and whose score on evaluation factors is sufficiently high to
     merit further consideration by the Evaluation Committee.

     “Lease” means a written agreement for the procurement of items of tangible personal
     property or services.



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     “Mandatory” – The terms “must”, “shall”, “will”, “is required”, or “are required”,
     identify a mandatory item or factor (as opposed to “desirable”). Failure to meet a
     mandatory item or factor will result in the rejection of the Offeror’s proposal.

     “Museum” means the Farm & Ranch Heritage Museum, a division of the State’s
     Department of Cultural Affairs.

     “Offeror” is any person, corporation, or partnership that chooses to submit a proposal.

     “Procurement Manager” means the person or designee authorized by the Farm &
     Ranch Heritage Museum to manage or administer a procurement requiring the
     evaluation of competitive sealed proposals.

     “Request for Proposals” or “RFP” means all documents, including those attached or
     incorporated by reference, used for soliciting proposals.

     “Responsible Offeror” means an Offeror who submits a responsive proposal and who
     has furnished, when required, information and data to prove that his financial
     resources, production or service facilities, personnel, service reputation and
     experience are adequate to make satisfactory delivery of the services or items of
     tangible personal property described in the proposal.

     “Responsive Offer” or “Responsive Proposal” means an offer or proposal, which
     conforms in all material, respects to the requirements set forth in the request for
     proposals. Material respects of a request for proposals include, but are not limited to,
     price, quality, quantity or delivery requirements.

     “Secretary” means the Cabinet Secretary of the Department of Cultural Affairs.

F.   BACKGROUND INFORMATION
     This section provides background on the Farm & Ranch Heritage Museum, a division
     of the State’s Department of Cultural Affairs, which may be helpful to the Offeror in
     preparing its proposal. The Museum is a 47-acre site that includes the Bruce King
     Building and several exterior barns, fields, and supporting facilities. The King
     Building includes facilities for a gift shop/snack bar, meeting spaces, and a catering
     kitchen.

     Its mission statement states: “The Museum connects the present generation to the
     history of farming and ranching in New Mexico, inspiring a deeper appreciation and
     understanding of the state’s rich heritage. The Museum accomplishes this by
     providing exhibitions and programs that enable its users to understand and learn from
     the past in ways that enrich their present lives and help them shape a better future.”




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II.   CONDITIONS GOVERNING THE PROCUREMENT
      This section of the RFP contains the schedule for the procurement, describes the major
      procurement events and the conditions governing the procurement.

      A.   SEQUENCE OF EVENTS
           The Procurement Manager will make every effort to adhere the following schedule:
                Action                               Responsibility           Date
           1.   Issue of RFP                         Museum                   March 11, 2009
           2.   Distribution List Response           Potential Offerors       March 23, 2009
           3.   Pre-Proposal Conference/Site         Museum                   March 23, 2009
                Visit
           4.   Deadline to Submit Questions         Potential Offerors       March 26, 2009
           5.   Response to Written                  Museum                   March 27, 2009
                Questions/RFP Amendments
           6.   Submission of Proposal               Offeror                  Close of Business
                                                                              April 3, 2009
           7.   Proposal Evaluation                  Evaluation Committee     April 6, 2009
           8.   Selection of Finalists               Evaluation Committee     April 6, 2009
           9.   Best and Final Offer                 Offeror                  Close of Business
                                                                              April 9, 2009
           10. Oral Presentations by Finalists       Offeror                  April 10, 2009
           11. Finalize Lease                        Museum & Offeror         April 30, 2009
           12. Execution of Lease                    Museum Board of          May 15, 2009
                                                     Directors
           13. Protest Deadline                      Offeror                  June 1, 2009
           14. Oversight Approval                    State Board of Finance   June 24, 2009
           15. Start of Contract Term /              Awarded Offeror          July 1, 2009
               Operations Begin                      (Vendor)

      B.   EXPLANATION OF EVENTS
           The following paragraphs describe the activities listed in the sequence of events shown
           in Section II, Paragraph A.

           1.   Issue of RFP – This RFP is being issued by the Mark Santiago, Museum
                Director, by authority of the Museum’s Board of Directors.
           2.   Distribution List Response – Potential Offerors should hand deliver or return by
                facsimile or by registered or certified mail the “Acknowledgement of Receipt of
                Request for Proposals Form” that accompanies this document (see Appendix A)
                to have their organization placed on the procurement distribution list. The form


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     should be signed by an authorized representative of the organization, dated, and
     returned by the pre-proposal conference/site visit on March 23, 2009. The
     procurement distribution list will be used for the distribution of written
     responses to questions and any RFP amendments. Failure to return this form
     shall constitute a presumption of receipt and rejection of the RFP, and the
     potential Offeror’s name shall not appear on the distribution list.
3.   Pre-Proposal Conference / Site Visit – All Offerors shall be required to attend a
     pre-proposal meeting at 8:00am on March 23, 2009, in the Conference Room of
     the King Building at the Farm & Ranch Heritage Museum. At that time all
     Offerors will be given a tour of and be allowed to inspect the Premises, as well
     as to pose any questions regarding this RFP, in order to prepare their best
     proposal.
4.   Deadline to Submit Written Questions – Potential Offerors may submit
     additional written questions as to the intent or clarity of this RFP until close of
     business on March 26, 2009. All written questions must be submitted via e-mail
     to the Procurement Manager (see Section I, Paragraph D) or in writing at the pre-
     proposal conference/site visit.
5.   Response to Written Questions/RFP Amendments – Written responses to written
     questions and any RFP amendments will be distributed on March 27, 2009, via e-
     mail to all potential offerors whose organization name appears on the
     procurement distribution list. An Acknowledgement of Receipt Form will
     accompany the distribution package. The form should be signed by the Offeror's
     representative, dated, and hand-delivered or returned by facsimile or by registered
     or certified mail by the date indicated thereon. Failure to return this form shall
     constitute a presumption of receipt and withdrawal from the procurement process,
     which shall result in the Offeror’s organization name being deleted from the
     procurement distribution list.
6.   Submission of Proposal – ALL OFFEROR PROPOSALS MUST BE
     RECEIVED FOR REVIEW AND EVALUATION BY THE PROCUREMENT
     MANAGER OR DESIGNEE BY CLOSE OF BUSINESS ON APRIL 3, 2009.
     Proposals received after this deadline will not be accepted. The date and time of
     receipt will be recorded on each proposal. Proposals must be addressed and
     delivered to the Procurement Manager at the address listed in Section I, Paragraph
     D. Proposals must be sealed and labeled on the outside of the package to clearly
     indicate that they are in response to the CATERING RFP. Proposals submitted
     by facsimile or other electronic means will not be accepted. A public log will be
     kept of the names of all Offeror organizations that submitted proposals. Pursuant
     to Section 13-1-116 NMSA 1978, the contents of any proposal shall not be
     disclosed to competing Offerors prior to lease award.
7.   Proposal Evaluation – The evaluation of proposals will be performed by an
     Evaluation Committee of Museum Board and staff members. The Evaluation
     Committee will meet one or more times on or about the time(s) noted in the
     Sequence of Events to assess the written proposals. During this time, the
     Procurement Manager may initiate discussions with Offerors who submit
     responsive or potentially responsive proposals for the purpose of clarifying
     aspects of the proposals, but proposals may be accepted and evaluated without



                                     9
      such discussion. Discussions SHALL NOT be initiated by the Offerors. The
      Evaluation Committee’s meetings may be subject to the Open Meetings Act.
8.    Selection of Finalists – Only finalists will be invited to participate in the
      subsequent steps of the procurement. The schedule for the oral presentations will
      be determined at this time.
9.    Best and Final Offer – Finalist offerors may be asked to submit revisions to their
      proposals for the purpose of obtaining best and final offers by the close of
      business April 9, 2009. Best and final offers may be clarified and amended at the
      finalist offeror's oral presentation.
10.   Oral Presentations by Finalists – The Evaluation Committee will meet with each
      finalist offeror to hear its presentation about its proposal and to participate in a
      question-and-answer session, as outlined elsewhere in this RFP. The time of the
      interview, which will take place in the King Building Conference Room at the
      Museum, will be coordinated by the Procurement Manager with the Offeror’s
      agent, as described in its letter of transmittal in its proposal. Each presentation
      will be limited to one (1) hour in duration.
11.   Finalize Lease – The lease will be finalized with the most advantageous Offeror
      between April 10th and April 30th, 2009. In the event that mutually agreeable
      terms cannot be reached within the time specified, the Museum reserves the right
      to finalize a lease with the next most advantageous Offeror without undertaking a
      new procurement process.
12.   Execution of Lease – After review of the Evaluation Committee Report, the
      Museum’s governing Board of Directors will approve and execute the lease at
      its regular meeting of May 15, 2009 (or at a special meeting called for the
      purpose). The lease shall be awarded to the Offeror whose proposal is most
      advantageous, taking into consideration the evaluation factors set forth in the
      RFP. The most advantageous proposal may or may not have received the most
      points. The lease may be subject to the approval of the New Mexico Board of
      Finance.
13.   Protest Deadline – Any protest by an Offeror must be timely and in conformance
      with Section 13-1-172 NMSA 1978 and applicable procurement regulations. The
      fifteen (15) day protest period for responsive Offerors shall begin on the day
      following the lease award and will end at the close of business on June 1, 2009.
      Protests must be written and must include the name and address of the protestor
      and the RFP title and number. It must also contain a statement of grounds for
      protest including appropriate supporting exhibits, and it must specify the ruling
      requested. The protest must be delivered to: Mark Santiago, Farm & Ranch
      Heritage Museum, 4100 Dripping Springs Road, Las Cruces NM 88011-5067.
      Protests received after the deadline will not be accepted.
14.   Oversight Approval – The lease award may be subject to approval by the State
      Board of Finance. If so, it is the Museum’s intention to have the Lease be
      considered by the Board of Finance at its next available scheduled meeting
      following the Lease’s approval by the Museum Board of Directors. Due to the
      deadline for submission of items for the Board of Finance agenda, this lease
      would be expected to appear on the agenda for the meeting of June 24, 2009.




                                      10
     15.   Start of Contract Term / Operations Begin – If there are no changes in the
           sequence of events, the lease term and vendor operations will begin on July 1,
           2009. Otherwise it will be the day following oversight approval by the Board of
           Finance or the Lease Award, whichever is later.

C.   GENERAL REQUIREMENTS
     1. Acceptance of Conditions Governing the Procurement – Offerors must indicate
        their acceptance of the Conditions Governing the Procurement section in the letter
        of transmittal. Submission of a proposal constitutes acceptance of the Evaluation
        Factors contained in Section V of this RFP.
     2. Incurring Cost – Any cost incurred by the offeror in preparation, transmittal,
        presentation of any proposal or material submitted in response to this RFP shall
        be borne solely by the offeror.
     3. Prime Contractor Responsibility – Any lease that may result from this RFP shall
        specify that the prime contractor is solely responsible for fulfillment of the lease
        with the Farm & Ranch Heritage Museum.
     4. Subcontractors – The prime contractor shall be wholly responsible for the entire
        performance described in the lease. Subcontracting will not be permitted.
     5. Amended Proposals – An offeror may submit an amended proposal before the
        deadline for receipt of proposals. Such amended proposals must be complete
        replacements for a previously submitted proposal and must be clearly identified
        as such in the transmittal letter. Farm & Ranch Heritage Museum personnel will
        not merge, collate, or assemble proposal materials.
     6. Offeror’s Rights to Withdraw Proposal – An Offeror will be allowed to
        withdraw its proposal at any time prior to the deadline for receipt of proposals.
        The Offeror must submit a written withdrawal request signed by the offeror’s
        duly authorized representative addressed to the Procurement Manager. The
        approval or denial of withdrawal requests received after the deadline for receipt
        of the proposals is governed by the applicable procurement regulations.
     7. Proposal Offer Firm – Responses to this RFP, including proposal prices, will be
        considered firm for ninety (90) days after the due date for receipt of proposals
        or for receipt of a best and final offer if one is submitted.
     8. Disclosure of Proposal Contents – The proposals will be kept confidential until
        a contract is awarded. At that time, all proposals and documents pertaining to
        the proposals will be open to the public, except for the material that is
        proprietary or confidential. The Procurement Manager will not disclose or make
        public any pages of a proposal on which the offeror has stamped or imprinted
        “proprietary” or “confidential” subject to the following requirements.
        Proprietary or confidential data shall be readily separable from the proposal in
        order to facilitate eventual public inspection of the non-confidential portion of
        the proposal. Confidential data is normally restricted to confidential financial
        information concerning the offeror’s organization and data that qualifies as a
        trade secret in accordance with the Uniform Trade Secrets Act, 57-3A-1 to
        57-3A-7 NMSA 1978. The price of products offered or the cost of services
        proposed shall not be designated as proprietary or confidential information. If a
        request is received for disclosure of data for which an offeror has made a



                                         11
      written request for confidentiality, the Museum Director shall examine the
      offeror’s request and make a written determination that specifies which portions
      of the proposal should be disclosed. Unless the offeror takes legal action to
      prevent the disclosure, the proposal will be so disclosed. The proposal shall be
      open to public inspection subject to any continuing prohibition on the disclosure
      of confidential data.
9.    No Obligation – This procurement in no manner obligates the Farm & Ranch
      Heritage Museum to the use of any proposed professional services until or
      unless a valid written lease is awarded and approved by the appropriate
      authorities.
10.   Termination – This RFP may be canceled at any time and any and all proposals
      may be rejected in whole or in part when the Museum determines such action to
      be in the best interest of the State of New Mexico.
11.   Sufficient Appropriation – Any lease awarded as a result of this RFP process
      may be terminated if sufficient appropriations or authorizations do not exist.
      Sending written notice to the contractor will effect such termination. The Farm
      & Ranch Heritage Museum’s decision as to whether sufficient appropriations
      and authorizations are available will be accepted by the contractor as final.
12.   Legal Review – The Farm & Ranch Heritage Museum requires that all offerors
      agree to be bound by the general requirements contained in this RFP. Any
      offeror concerns must be promptly brought to the attention of the Procurement
      Manager.
13.   Governing Law – The laws of the State of New Mexico shall govern this
      procurement and any agreement with offerors that may result.
14.   Basis for Proposal – Only information supplied by the Farm & Ranch Heritage
      Museum in writing through the Procurement Manager or in this RFP should be
      used as the basis for the preparation of offeror proposals.
15.   Lease Terms and Conditions – The lease between the Museum and a vendor will
      follow the format specified by the Museum Board and contain the terms and
      conditions set forth in the sample lease attached. However, the Museum reserves
      the right to negotiate with a successful offeror provisions in addition to those
      contained in this RFP. The contents of this RFP, as revised and/or supplemented,
      and the successful offeror’s proposal will be incorporated into and become part of
      the contract.
16.   Offeror’s Terms and Conditions – Offerors must submit with its proposal a
      complete set of any additional terms and conditions that they expect to have
      included in a contract negotiated with the Farm & Ranch Heritage Museum.
17.   Contract Deviations – Any additional terms and conditions, which may be the
      subject of negotiation, will be discussed only between the Farm & Ranch
      Heritage Museum and the selected Offeror and shall not be deemed an
      opportunity to amend the Offeror’s proposal.
18.   Offeror Qualifications – The Evaluation Committee may make such
      investigations as necessary to determine the ability of the offeror to adhere to
      the requirements specified within this RFP. The Evaluation Committee will
      reject the proposal of any Offeror who is not a responsible offeror or fails to




                                     12
      submit a responsive offer as defined in Sections 13-1-83 and 13-1-85 NMSA
      1978.
19.   Right to Waive Minor Irregularities – The Evaluation Committee reserves the
      right to waive minor irregularities. The Evaluation Committee also reserves the
      right to waive mandatory requirements provided that all of the otherwise
      responsive proposals failed to meet the mandatory requirements and/or doing so
      does not otherwise materially affect the procurement. This right is at the sole
      discretion of the Evaluation Committee.
20.   Change in Contractor Representatives – The Farm & Ranch Heritage Museum
      reserves the rights to require a change in contractor representatives if the
      assigned representatives are not, in the opinion of the Farm & Ranch Heritage
      Museum, meeting its needs adequately.
21.   Notice – The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA
      1978, imposes civil and misdemeanor criminal penalties for its violation. In
      addition the New Mexico criminal statutes impose felony penalties for bribes,
      gratuities, and kick-backs.
22.   Museum Rights – The Museum reserves the right to accept all or a portion of an
      offeror’s proposal.
23.   Right to Publish – Throughout the duration of this procurement process and
      contract term, potential offerors, offerors and contractors must secure from the
      Farm & Ranch Heritage Museum written approval prior to the release of any
      information that pertains to the potential work or activities covered by this
      procurement or the subsequent contract. Failure to adhere to this requirement
      may result in disqualification of the offeror’s proposal or termination of the
      contract.
24.   Ownership of Proposals – All documents submitted in response to this Request
      for Proposals shall become the property of the Farm & Ranch Heritage
      Museum.
25.   Electronic Mail Address Required – A large part of the communication
      regarding this procurement will be conducted by electronic mail (e-mail).
      Offeror must have a valid e-mail address to receive this correspondence.
26.   Use of Electronic Versions of this RFP – This RFP is being made available by
      electronic means. If accepted by such means, the offeror acknowledges and
      accepts full responsibility to insure that no changes are made to the RFP. In the
      event of conflict between a version of the RFP in the offeror’s possession and the
      version maintained by the SPA, the version maintained by the SPA shall govern.
27.   State and Local Ordinances – In submitting a proposal, the Offeror represents
      that the Offeror has familiarized himself with the nature and extent of the RFP
      dealing with federal, state, and local requirements that are part of this RFP. The
      successful Offeror(s) shall perform work under the resultant Lease in strict
      accordance with the latest version of all State and local codes, ordinances, and
      regulations governing the work involved. All materials and labor necessary to
      comply with the rules, regulations and ordinances shall be provided by the
      successful Offeror (Vendor). In the event of a conflict between various codes
      and standards, the more stringent shall apply.




                                     13
          28.   Status of Successful Offerors – The successful Offeror (Vendor) is an
                independent contractor performing services for the Museum and neither he/she
                nor his/her agents or employees shall, as a result of the resultant Lease, accrue
                leave, retirement, insurance, bonding authority, use of State vehicles, or any
                other benefits, prerequisites, or allowances normally afforded only to employees
                of the State. The successful Offeror (Vendor) acknowledges that all sums
                received under the resultant Contract are personally reportable by him/her for
                income, self-employment, and other applicable taxes.


III. RESPONSE FORMAT AND ORGANIZATION
     This section describes the format and organization of the Offeror's response. Failure to
     conform to these specifications may result in the disqualification of the proposal.

     A.   NUMBER OF RESPONSES
          Offerors shall submit only one proposal.

     B.   NUMBER OF COPIES
          Offerors shall deliver six (6) identical copies of its proposal (including all binders and
          technical documentation) to the location specified in Section 1, Paragraph D on or
          before the closing date and time for receipt of proposals.

     C.   PROPOSAL FORMAT
          All proposals must be typewritten on standard 8 1/2 x 11 paper (larger paper is
          permissible for charts, spreadsheets, etc.) and placed within a binder with tabs
          delineating each section.

          1.    Proposal Organization
                The proposal must be organized and indexed in the following format and must
                contain, as a minimum, all listed items in the sequence indicated.

                a)   Letter of Transmittal
                b)   Table of Contents
                c)   Proposal Summary
                d)   Responses to Mandatory Specifications
                e)   Service Provider Form
                f)   Response to Museum Terms and Conditions
                g)   Offeror’s Additional Terms and Conditions
                h)   Other Supporting Material

                Within each section of its proposal, Offerors should address the items in the
                order in which they appear in this RFP. All forms provided in the RFP must be
                thoroughly completed and included in the appropriate section of the proposal.
                All discussion of proposed costs, rates, or expenses must occur only in a
                separate envelope.




                                                14
                Any proposal that does not adhere to these requirements may be deemed non-
                responsive and rejected on that basis.

                The proposal summary may be included by Offerors to provide the Evaluation
                Committee with an overview of the technical and business features of the
                proposal. However, this material will not be used in the evaluation process
                unless specifically referenced from other portions of the offeror’s proposal.

                Offerors may attach other materials that they feel may improve the quality of its
                responses. However, these materials should be included as items in a separate
                appendix.

           2.   Letter of Transmittal
                Each proposal must be accompanied by a letter of transmittal. The letter of
                transmittal MUST:

                a)    Identify the submitting organization;
                b)    Identify the name and title of the person authorized by the organization to
                      contractually obligate the organization;
                c)    Identify the name, title, e-mail address, and telephone number of the
                      person authorized to negotiate the contract on behalf of the organization;
                d)    Identify the names, titles, e-mail addresses, and telephone numbers of
                      persons to be contacted for clarification;
                e)    Be signed by the person authorized to contractually obligate the
                      organization;
                f)    Explicitly indicate acceptance of the Conditions Governing the Procurement
                      stated in the RFP;
                g)    Acknowledge receipt of all amendments to this RFP.


IV. MANDATORY SPECIFICATIONS
    Offerors should respond in the form of a thorough narrative to each mandatory
    specification. The narratives along with required supporting materials will be evaluated and
    awarded points accordingly. Failure to respond to Mandatory Specifications will result
    in the disqualification of the proposal as non-responsive.

     A.    Experience
                Offerors must submit a statement of relevant experience. The documentation
                must thoroughly describe how the Offeror has supplied expertise for similar
                contracts and work related to this RFP. The following information must be
                specified:
           1.   Your interest in providing catering services at the Museum.
           2. A description of your company.
           3.   Your background and history in the catering industry.
           4.   Your proposed approach to catering and operations at the Museum.
           5.   Your past history in working with the Museum.



                                               15
     6.   Any special skills in marketing applicable to promoting the catering concession
          and the Museum to the public.
     7.   Details of your ability to provide catering services including:
          a.    The types of food service that you are comfortable with (meals, buffets,
                breaks, meeting room setups, banquets, receptions, etc.)
          b.    The type of events your are comfortable with (meetings, weddings,
                showers, receptions, etc.)
          c.    The number of people that you are comfortable serving.
          d.    Your interest in providing catering services to offsite events whose leads
                may be provided to you by the Museum.
          e.    Details of the largest event that you have held, including number of
                people, type of event, and other pertinent information.

B.   Compensation and Standards
     1.  Offeror’s proposal shall include in its proposal its offer of compensation for the
         desired services outlined in this procurement. This may be a combination of
         cash rent and in-kind services, the latter which may be defined as amounts for
         advertising, marketing, promotional materials, or similar activities in support of
         Museum activities, events, or programs. The Museum desires proposals include
         specific in-kind provisions for Museum exhibit openings and its annual
         volunteer appreciation dinner (usually April).
     2.  Offeror’s proposals will address the following standards: customer service and
         satisfaction; complement the mission of the Museum; providing quality
         products; operating on a sound financial basis; generating revenue; and
         producing revenue or other valuable consideration for the Museum.

C.   References
     Proposals must include three (3) to five (5) external references from a combination of
     customers who have utilized similar services and establishments/venues where
     similar services have been performed. The Evaluation Committee will give greater
     weight to the latter type of reference, in order to compare the offeror’s use of other
     facilities (not owned/operated by the offeror) with the Museum facilities. The
     minimum information that must be provided about each reference is:
     1.     Name of individual or company services were provided for.
     2.     Address of individual or company.
     3. Name of contact person.
     4.     Telephone number and/or e-mail address of contact person.
     5.     Type of services provided and dates services were provided (i.e., period of
            lease, etc.).

D.   Service Provider Form
     Offeror must complete the Gift Shop Service Provider Form, included in the
     Appendix.




                                         16
     E.   Financial History Form
          Offeror must complete and sign the Three-Year Financial History Form, included in
          the Appendix. In addition Offeror must submit adequate evidence of financial
          stability with the form. The evidence should be in the form of financial statements for
          the three most recent fiscal years for which financial statements are available. Other
          evidence in the form of letters from banks and creditors may be submitted. Offeror
          should supplement this with a narrative statement of why they are financially capable
          of performing the activities described in this RFP. The Procurement Manager reserves
          the right to request that the Offeror provide adequate evidence of financial stability.
          This information will be used by the Evaluation Committee to assess the fiscal
          feasibility and soundness of the Offeror.

     F.   Equipment and Sample Menu
          Offerors must submit sample menus detailing food items for the catering enterprise
          and cost per person or projected prices. Offeror should provide a list of proposed
          inventory to support its operations.


V.   EVALUATION

     A.   Evaluation Criteria
          The following is a summary of evaluation factors with point value assigned to each.
          These, along with the general requirements, will be used in the evaluation of offeror
          proposals. A maximum total of 1000 points are possible in scoring each proposal for
          the evaluation. The Selection Committee will evaluate the proposals and may or may
          not conduct interviews with Offerors applying for selection. The evaluation criteria to
          be used by the Selection Committee and the corresponding point values for each
          criteria are as follows:
          1.     Cost / Financial Benefit to Museum ................................................400 points
          2.     Ability to Provide Products Described and Services .......................200 points
          3.    Proposed Menu and Pricing .............................................................100 points
          4.     Fiscal Feasibility / Financial Soundness of Offeror ........................100 points
          5.    Previous Experience.........................................................................100 points
          6.    Special Skills in Marketing .............................................................100 points
          7.    Required Forms....................................................................................0 points

     B.   Evaluation Factors
          A brief explanation of each evaluation category is listed below. Information in one
          category may overlap information in other categories. Offerors are encouraged to
          fully address each category completely, as points are assigned for responses to each
          separate category.
          1. Cost / Financial Benefit to the Museum – Provide proposal for compensation
                terms to Museum, including willingness to provide discounts to Museum
                members (and amount). Terms may include creative arrangements mutually
                agreeable to the Museum and the Offeror. If proposed compensation includes
                in-kind services, defined as (but not limited to) advertising, marketing, and



                                                         17
     promotional materials in support of Museum activities, events, or programs,
     proposal should detail what those in-kind services would be, their amounts, and
     how Offeror would demonstrate completion of those in-kind services. The
     greater the financial benefit to the Museum and its users as demonstrated in the
     Offeror’s proposal, the more points will be awarded in this evaluation factor.
     The Evaluation Committee will consider the proposed compensation for fixed
     rent (if any) separately from proposed compensation through share of sales
     (such as, but not limited to, a percentage of gross sales) separately, but will add
     those points together in this evaluation factor.
2.   Ability to Provide Products Described and Services – Offeror should elaborate
     on its ability to provide the products described and provide services to Museum
     guests. Evaluation Committee will assess the quality of methods and plans
     described by Offeror, the capacity, capability, knowledge, background, and
     experience of the Offeror, and references provided by the Offeror. Offerors
     who can demonstrate a greater specificity and familiarity with what products
     they can obtain and from which sources will be scored higher. Similarly,
     Offerors who can demonstrate, through the breadth and depth of the company’s
     experience or business plan for the Museum facility, that they will be able to
     provide a strong, stable environment, to acquire supplies, and to operate the
     facility (including staffing) will be scored higher.
3.   Proposed Menu and Pricing – Offeror should describe several typical menu
     offerings and pricing. Offerers with proposed menus that promote or enhance
     the Museum’s mission and image and/or that provide a strong variety of choices
     and pricing (for different types of catering patrons) will be scored higher.
4.   Fiscal Feasibility / Financial Soundness of Offeror – Offeror shall demonstrate
     through historical documentation and business plans that it has the ability to
     maintain the inventory necessary and to provide the services described herein.
     Offerors who are unable to demonstrate the fiscal feasibility, financial
     soundness, or realistic goals of their company to support and operate the facility
     will be scored lower.
5.   Previous Experience – Include information about the Offeror’s previous
     experience working with the Museum and/or with providing Museum-related
     products and services. The greater the experience level as demonstrated in the
     Offeror’s proposal, the more points will be awarded in this evaluation factor.
6.   Special Skills in Marketing – The Museum is seeking a vendor who will be an
     active partner in promoting the Museum as well as the catering concession it
     operates. Offeror should describe any special skills, abilities, or plans for
     promoting the catering enterprise and the Museum to the public. Offerors who
     describe a realistic and vibrant marketing strategy which most closely fits the
     Museum’s image and mission will be scored higher.

A serious deficiency in any one category may be grounds for rejection of the proposal
regardless of the overall score.




                                    18
   C.   Evaluation Process
        The evaluation process will follow the steps listed below:

        1.   All offeror proposals will be reviewed for compliance with the mandatory
             requirements stated within the RFP. Proposals deemed non-responsive will be
             eliminated from further consideration.
        2.   The Procurement Manager may contact the offeror for clarification of the
             response as specified in Section II, Paragraph B.7.
        3.   The Evaluation Committee may use other sources of information to perform the
             evaluation as specified in Section II, Paragraph C.18.
        4.   Responsive proposals will be evaluated on the factors in Section V that have
             been assigned a point value. The responsible offerors with the highest scores
             will be selected as finalist offerors based upon the proposals submitted. Finalist
             offerors will be invited to make a presentation on its proposals including its
             business plan for the Museum’s catering facility. Additionally, each offeror will
             present samples of its meal selections based on menus submitted in its proposal
             to the committee [please prepare enough for five (5) people]. The Evaluation
             Committee will ask questions relevant to a gift shop or snack-bar services at the
             time of presentation.
        5.   Points awarded from the oral presentations will be added to the previously
             assigned points to attain final scores. The responsible offeror whose proposal is
             most advantageous to the Museum, taking into consideration the evaluation
             factors in Section V, will be recommended for lease award as specified in
             Section II, Paragraph B.11. Please note, however, that a serious deficiency in
             the response to any one factor may be grounds for rejection regardless of overall
             score.

VI. APPENDICIES




                                            19
APPENDIX A – ACKNOWLEDGEMENT OF RECEIPT FORM

                                  REQUESTS FOR PROPOSALS

                      Catering Services for Farm & Ranch Heritage Museum

                          ACKNOWLEDGEMENT OF RECEIPT FORM


In acknowledgement of receipt of this Request for Proposal the undersigned agrees that he/she has
received a complete copy, beginning with the title page and table of contents, and ending with
Appendix D.

The acknowledgement of receipt should be signed and returned to the Procurement Manager no
later than 8:00am on April 6, 2009. Only potential offerors who elect to return this form completed
with the indicated intention of submitting a proposal will receive copies of all offeror written
questions and the Agency’s written responses to those questions as well as RFP amendments, if any
are issued.

FIRM: __________________________________________________________________

REPRESENTED BY: ______________________________________________________

TITLE: ________________________________ PHONE NO.: ______________________

E-MAIL: ___________________________              FAX NO.: _________________________

ADDRESS: _______________________________________________________________

CITY: __________________________ STATE: ________ ZIP CODE: _______________

SIGNATURE: ___________________________________ DATE: ___________________

This name and address will be used for all correspondence related to the Request for Proposal.

Firm does / does not (circle one) intend to respond to this Request for Proposals.

               Jean Gomez
               Procurement Manager – Farm & Ranch Heritage Museum
               4100 Dripping Springs Road
               Las Cruces NM 88011-5067
               Telephone: (575) 522-4100 Fax Number: (575) 522-3085
               jean.gomez@state.nm.us




                                                 20
APPENDIX B – SERVICE PROVIDER FORM

                 CATERING SERVICE PROVIDER FORM
              FOR THE FARM & RANCH HERITAGE MUSEUM
                                       Please print clearly


Company Name

Physical Address



Mailing Address



Telephone Number

Fax Number

E-mail Address

Web Site

Federal Tax ID #

State of New Mexico Gross Receipts
Tax Identification #

State of New Mexico Alcohol and Gaming Division
Server Certification License #
& Expiration Date                                             Expires:                    .



I wish to enter into leases with the Farm & Ranch Heritage Museum to operate a catering
concession and to utilize the Museum’s liquor license.

Owner Name

Owner Signature

Date




                                               21
APPENDIX C – FINANCIAL HISTORY FORM

                      THREE-YEAR FINANCIAL HISTORY FORM
                                                Please print clearly

Offeror/Company Name:

                                              Year 3                      Year 2                    Year 1
Measure
                                       (e.g., 2006, FY06)          (e.g., 2007, FY07)        (e.g., 2008, FY08)

Date Period/Year

Total Current Assets


Total Current Liabilities


Cash & Equivalents


Trade Receivables


Net Sales


Cost of Sales


Annual Interest Expenses

Earnings Before Interest &
Taxes

Net Fixed Assets


Tangible Net Worth


Profit Before Taxes



Total Assets


Signature of Authorized Representative:
Offeror should not write below the relevant pages/paragraphs of the Offeror’s annual financial statement(s)/balance
sheet(s) wherein the specific measures are reported.




                                                        22
APPENDIX D – SAMPLE LEASE AGREEMENT

                               SAMPLE AGREEMENT BETWEEN
                     THE NEW MEXICO FARM AND RANCH HERITAGE MUSEUM
                                          AND
                                       THE VENDOR

                         FOR THE LEASE OF MUSEUM SPACE FOR
              THE DEVELOPMENT AND MANAGEMENT OF CATERING CONCESSIONS


       This Agreement is made this 15th day of May, 2009, between the New Mexico Farm and Ranch Heritage
Museum (the “Museum”), a division of the New Mexico Department of Cultural Affairs, and the Vendor (the
“Vendor”), a New Mexico corporation.

RECITALS

          WHEREAS, pursuant to §18-11-2 NMSA 1978, of the Farm and Ranch Heritage Museum Act, the
Museum’s purpose is to create a New Mexico Farm and Ranch Heritage Museum, which shall collect, preserve,
study and display materials representative of farming and ranching in the state and region and develop and maintain
exhibits and programs of an educational nature for the benefit of the citizens of New Mexico and visitors to the
state; and,

        WHEREAS, consistent with the Request for Proposals issued by the Museum in March 2009, the Museum
wishes to enter into an agreement with the Vendor for the lease of premises within the Museum authorizing the
Vendor to develop and manage catering concessions as more fully described in this Agreement.

         THEREFORE, in consideration of the terms and conditions in this lease, the parties entered into this lease
on the 15th day of May, 2009, between the Museum (“Landlord”) and the Vendor (“Tenant”) and agree as follows:

1.    PROPERTY LEASED. Landlord does hereby lease to Tenant and Tenant hereby leases from Landlord
      certain areas within or adjacent to the Bruce King Building of the Museum (herein called “Premises” and
      defined in detail below), to be used for office space, to operate a food services facility and kitchen, for storage
      of related supplies and equipment, and for other similar concession enterprises as may be agreed upon in
      writing by both parties. The Premises consists of:
      A.     The catering kitchen and storage area (approximately 829 square feet) and the catering office space
             area (443 square feet). The location and dimensions of said Premises are delineated on Exhibit A,
             attached hereto. Said Premises are contained within the Museum.
      B.     Two standard portable storage containers (approximately 160 square feet each). The containers are
             located adjacent to the Bruce King Building and may be relocated by Landlord after agreement from
             Tenant.
      C.     Subject to the activities of the Museum or the operation of other enterprises, the Tenant shall have the
             right to periodically rent other areas within the Museum for authorized functions. The extension of
             this right to rent is subject to Tenant making reservations and advance arrangements, in accordance
             with pertinent Museum policies and procedures. The location and dimensions of other areas described
             in this sub-paragraph available to the Tenant are delineated on Exhibit B, attached hereto, which may
             be altered by Landlord with three (3) months notice with tenant’s agreement and included in this
             Agreement as Amended Exhibit B. Said Premises are contained within the Museum.
      D.     This Lease is subject to the terms, covenants, and conditions herein set forth and Tenant covenants as a
             material part of the consideration for this Lease to keep and perform each and all of said terms,
             covenants, and conditions by it to be kept and performed.




                                                          23
2.   TERM. The term of this Lease is for three (3) years commencing July 1, 2009, and terminating on June 30,
     2012, unless sooner terminated as herein provided. Pursuant to NMSA 1978 §13-6-2.1, this agreement may
     be subject to approval by the New Mexico Board of Finance and will not be effective until such approval is
     granted.

3.   OPTION TO RENEW. Either party may request in writing, not less than six (6) months prior to the end of
     the term, that this Lease be renewed for a period of one (1) year. This Lease may be renewed no more than
     twice (for a potential five (5) years in total). The other party shall respond to such request within ninety (90)
     days of receipt of the request. Landlord and Tenant shall meet annually to review activities covered by this
     contract.

4.   HOLDING OVER. Tenant’s holding over or continued use or occupancy shall be construed as a month to
     month tenancy at the same monthly rent and subject to the same terms and conditions set forth in this Lease.

5.   RENT. In consideration of this Lease:
     A.    A monthly rental fee charged by Landlord and paid by Tenant shall be <As determined in RFP
           Process>. Rent for any period that is less than one month shall be a prorated portion of the monthly
           installment herein based on a thirty (30)-day month.
     B.    As used in sub-paragraph A above, “monthly gross receipts” shall be defined as the net sales of
           Tenant’s business operations at the Premises minus gross receipts tax for the calendar month preceding
           the day rent is due. Tenant shall provide Landlord documentation evidencing the monthly gross
           receipts for that preceding calendar month at the time the rent is due.
     C.    In addition to the monthly rental fee described in sub-paragraph A above, Tenant will provide <as
           determined in RFP Process> per year of in-kind services which may include but is not limited to:
           advertising, marketing, and promotional materials in support of Museum activities, events, or
           programs.
     D.    Rental fees do not include a tour of Museum exhibits for catering guests, but does include general
           admission to the Museum during its normal operating hours. If Tenant or their guests desire a tour or
           request special arrangements outside of normal operating hours, Tenant will make arrangements as
           provided in the Museum’s applicable policies and procedures; such requests may incur additional
           charges as determined by Landlord (e.g., a group tour rate charge or fee for opening galleries outside
           of normal operating hours).
     E.    Landlord reserves the right to make available its premises to hold meetings, conferences and other such
           events within the Museum or on the Museum grounds with or without charge and in conformity with
           State law. All requests to waive periodic room rental fees paid to Landlord must be approved by the
           Museum Director through whatever procedure Landlord promulgates in its policies and agreed upon
           by the Foundation.
     F.    The total monthly rent shall be payable to Landlord, without notice or demand, on or before the
           twentieth (20th) day of each and every successive calendar month during the term of this Lease.

6.   USE OF LEASED PREMISES. Tenant shall use the leased premises for purposes of carrying on its
     enterprise catering concession. Landlord agrees that the Premises are suitable for these purposes or has
     revealed to Tenant any reasons Landlord knows of or reasonably should know why the Premises might not be
     suitable for such purposes.

7.   FOOD SERVICES AND BEER, WINE, AND OTHER ALCOHOLIC BEVERAGES.
     A.    Tenant has exclusive catering rights for activities that it arranges in accordance with this Lease and
           Museum policies and procedures. This should not be construed as exclusive “food service rights”;
           Landlord reserves the right to contract for other food services for its visitors outside of catering (e.g., a



                                                         24
            snack bar or similar enterprise concession) and for Museum events, programs, or activities. As a
            courtesy, Landlord will consult with Tenant to determine if it can meet the needs and budget of the
            Museum for activities at which food service is being planned. Any other food vendors cannot use
            equipment belonging to or leased by Tenant under this agreement (e.g., tables, chairs, or the kitchen)
            without making arrangements (including appropriate compensation) in advance.
      B.    Tenant promises to obtain all applicable and necessary food permits for the operation of food services.
            Tenant also promises to follow and abide by all applicable federal, state, county, and municipal
            regulations with regard to food service, storage, and preparation.
      C.    Pursuant to §60-6A-10 NMSA 1978, Landlord possesses a beer and wine license, which Landlord may
            contract for its use directly with the Tenant operating in defined food service facilities of the Premises.
            The details of the use of the license and applicable rents and fees will be defined in a separate
            agreement.

8.    CONDITION OF PREMISES. Landlord warrants that the Premises are in good and safe condition,
      structurally sound, and of safe design and that they comply with all applicable building codes, ordinances,
      rules and regulations.

9.    ACCESSIBILITY TO THE DISABLED. The Landlord warrants that the Premises shall meet standards
      consistent with the Americans with Disabilities Act (ADA). The Landlord also warrants that the Premises
      will be maintained in compliance with these standards.

10.   ENVIRONMENTAL SAFETY. Landlord warrants that the Premises comply with any and all federal and
      state environmental regulations. During the term of this Lease, Landlord agrees to maintain the Premises
      consistent with these regulations.

11.   DELIVERY OF POSSESSION. Landlord warrants that the Premises will be vacant and will put Tenant in
      possession on the first day of the initial or any subsequent term.

12.   DAMAGE TO PREMISES.
      A.    If at the inception of this lease or at any time thereafter (including any renewal) all or any part of the
            leased premises shall be so slightly damaged through any cause, other than Tenant’s willful act,
            ordinary wear and tear, or repair subject to routine maintenance, as not to be rendered unfit for
            Tenant’s occupancy, Landlord shall repair the Premises with all reasonable promptness, at Landlord’s
            expense, and the rent shall abate fairly until repairs are completed.
      B.    Landlord’s staff routinely inspects all public areas and rooms described in Exhibit B and will follow
            Museum policies and procedures for reporting and repairing any damages. Tenant shall report any
            damages as soon as possible. Any damage to the Premises or the contents therein will be assessed and
            determined after inspection by Landlord and Tenant.
      C.    Damage shall be broadly defined to include any condition altered from a normal or previous condition,
            including but not limited to food, dirt, and beverage residues. Where such damage is believed to
            constitute a health and safety hazard by Landlord, Landlord may require (if reasonable) for Tenant to
            remedy the damage.

13.   ALTERATIONS. Tenant shall obtain the Landlord’s written permission before making any alterations or
      improvements of a permanent nature.
      A.    Landlord shall provide the fixtures detailed in Exhibit C. Tenant shall provide the fixtures detailed in
            Exhibit D. Tenant shall install or provide all other fixtures and equipment necessary for the effective
            operation of the Premises.




                                                         25
      B.    If Landlord consents to the making of any alterations or improvements to or of the Premises by Tenant,
            the same shall be made at Tenant’s sole cost and expense and under Landlord’s direction.
      C.    Upon the expiration or earlier termination of the Lease term, Tenant shall remove from the Premises
            all Tenant-owned trade fixtures, equipment, and movable personal property and shall promptly repair
            any damage caused to the Premises by such removal. All of such removal and repair shall be entirely at
            Tenant’s expense.

14.   OWNERSHIP OF IMPROVEMENTS. All alterations and improvements made to or placed in the
      premises by Tenant are and shall remain the Tenant’s property except as the parties mutually agree otherwise
      in writing, if such alterations and improvements can be removed without undue damage to the premises and
      are, in fact, removed by Tenant prior to termination of this lease or any renewal thereof or within a reasonable
      time after termination. Alterations and improvements of a permanent nature which cannot be removed
      without undue damage to the Premises shall become Landlord’s property except as the parties mutually agree
      otherwise in writing.

15.   CONDITION OF PREMISES UPON SURRENDER. Based on a walk through by Landlord and Tenant,
      at the termination of this Lease, Tenant shall surrender the Premises in the condition in which they were at the
      inception of this lease or as agreed upon during the walk through, excepting:
      A.    deterioration caused through reasonable use and ordinary wear and tear;
      B.    alterations, improvements, or conditions made with Landlord’s written approval; and
      C.    any change, damage, or destruction not resulting from Tenant’s or their guest’s willful act(s).

16.   PAYMENT OF ASSESSMENTS, ETC. Tenant shall promptly pay all applicable taxes and other exactions
      assessed or assessable and pay all license fees and permit fees applicable to the Tenant’s operations, and
      acquire and keep current all licenses, municipal, state, or federal, required as the result of the Tenant’s
      operations at the Museum pursuant to this Lease, and shall not allow any of said taxes, excises, or fees to
      become delinquent. The Tenant shall not permit any mechanic’s or materialman’s or any other lien to become
      attached to or be foreclosed upon the Museum or any part or parcel thereof by reasons of work, labor
      performed, or materials or equipment furnished. Tenant shall pay promptly when due all bills, debts, and
      obligations incurred by it in connection with its operations or activities on or in the Museum and will not
      permit the same to become delinquent, and will suffer no lien, mortgage, judgment, or execution to be filed
      against the Vendor which will in any way impair the rights of the Museum under this Agreement.

17.   UTILITIES, JANITORIAL SERVICES, AND SUPPLIES. Landlord shall pay for all water, gas, heat,
      light, telephone service, power, and sewage charges as supplied to the Premises, together with any tax
      thereon. Tenant shall pay for additional telephone services, including additional lines for operation of credit
      card machines, fax machines, and other similar units. Tenant will provide appropriate containers for trash
      and other waste generated in Premises during a Tenant-sponsored or catered event, as well as its removal to
      dumpsters. Tenant will pay for the rental of one dumpster, to be located in a space designated by Landlord
      south of the Bruce King Building. Landlord shall provide security after normal business hours. Tenant shall
      provide additional security as provided for by the Museum’s rules, regulations, and policies at its sole cost
      and expense.

18.   RIGHT OF ENTRY. Tenant is responsible for securing the portions of the Premises defined in Paragraph 1,
      subparagraphs A and B. However, Landlord is responsible for the security of the King Building. Landlord or
      its agent also retains the right to enter upon the leased premises to inspect, to make repairs and for other
      reasonable purposes, with Tenant’s permission, which shall not be unreasonably withheld. In an emergency,
      such as fire, Landlord or its agent may enter the premises without securing Tenant’s prior permission, but
      shall give Tenant notice of entry as soon thereafter as practicable.




                                                         26
19.   DUTY TO MAINTAIN PREMISES.
      A.    Tenant shall, at its sole cost and expense, keep clean and in good order, condition, and repair the
            Premises. Tenant’s maintenance obligation with respect to the Premises shall include, but not be
            limited to, all trade fixtures, equipment and appurtenances thereto. Landlord may, when necessary,
            reasonably require and request maintenance on the aforementioned fixtures, equipment, appurtenances,
            and interior surfaces.
      B.    Tenant will pay for the maintenance of all food service equipment and fixtures, related commercial
            cleaning services, and disposal of cooking oil in a Health Department-approved container.

20.   RIGHT TO ASSIGN OR SUBLEASE. Tenant shall not either voluntarily, or by operation of law, assign,
      transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet
      said Premises or any part thereof, or any right or privilege appurtenant thereto.

21.   DUTY TO INSURE.
      A.    Tenant shall obtain, at Tenant’s expense, a policy of comprehensive general public liability insurance
            acceptable to Landlord, and keep it in force during the term of this Lease. This policy shall insure the
            Landlord and the Tenant against any and all liability and risk arising out of the use, occupancy, or
            maintenance of the Premises. Such insurance shall be in the amounts of not less than one million
            dollars ($1,000,000). Tenant may provide this insurance under a blanket policy, provided that said
            insurance shall have a Landlord’s Protective Liability Endorsement attached thereto and it be used by a
            carrier licensed in the State of New Mexico. Tenant shall deliver to Landlord, prior to right of entry,
            copies of policies of liability insurance required herein or certificates evidencing the existence and
            amount of such insurance with loss payable clauses satisfactory to Landlord. No policy shall be
            subject to reduction of coverage without a minimum of twenty (20) days written notice to Landlord.
            All such policies shall be written as primary policies not contributing with and not in excess of
            coverage which Landlord may carry. In addition, Tenant shall provide Landlord with a certificate of
            insurance of Workmen’s Compensation Liability.
      B.    To the extent permitted under their respective insurance policies, Landlord and Tenant waive all rights,
            against each other, for damages arising out of any damage to or destruction of the leased premises
            caused by fire or other perils insured against.

22.   LIABILITY. Any liability incurred by Landlord in connection with this Agreement is subject to the
      immunities and limitations of the New Mexico Tort Claims Act, §41-l-l et seq. NMSA 1978, as amended.

23.   LIABILITY INSURANCE. Tenant shall obtain, at Tenant’s expense, a policy of comprehensive general
      public liability insurance acceptable per the requirements of State statutes and keep in force during the term
      of this Lease. This policy shall insure the Landlord and/or the Tenant against any and all liability and risk
      arising out of the use, occupancy or maintenance of the Premises. Such insurance shall be in the amounts of
      not less than one million dollars ($1,000,000). Tenant may provide this insurance under a blanket policy,
      provided that said insurance shall have a Landlord’s Protective Liability Endorsement attached thereto by a
      carrier licensed to operate in New Mexico. Tenant shall deliver to Landlord, prior to right of entry, copies of
      policies of liability insurance required herein or certificates evidencing the existence and amount of such
      insurance with loss payable clauses satisfactory to Landlord. No policy shall be subject to reduction of
      coverage without a minimum of twenty (20) days written notice to Landlord. All such policies shall be
      written as primary policies not contributing with and not in excess of coverage which Landlord may carry. In
      addition, Tenant shall provide Landlord with a certificate of insurance of Workmen’s Compensation
      Liability.




                                                        27
24.   INDEMNIFICATION.
      A.   Notwithstanding any other provision of this Lease to the contrary, no term or condition of this Lease
           shall be construed or interpreted as a waiver, either expressed or implied, of any of the immunities,
           rights, benefits or protection provided to Landlord under the New Mexico Tort Claims Act, §41-4-1 et
           seq. NMSA 1978, as amended or as may be amended (including, without limitation, any amendments
           to such statute, or under any similar statute which is subsequently enacted.) The parties hereto
           understand and agree that liability for claims for injuries to persons or property arising out of the
           negligence of the State of New Mexico, its departments, institutions, agencies, boards, officials, and
           employees is controlled and limited by the provisions of the New Mexico Tort Claims Act, §41-4-1 et
           seq. NMSA 1978, as amended or may be amended. Any provision of this Lease, whether or not
           incorporated herein by reference, shall be controlled, limited, and otherwise modified so as to limit any
           liability of Landlord and the State of New Mexico to the above cited laws. The parties agree that as
           among the parties, Landlord’s and the State of New Mexico's liability shall be determined pursuant to
           said statutes whether claims are based on Landlord’s acts or omissions within New Mexico or
           elsewhere.
      B.   Tenant agrees to defend, indemnify, and hold harmless the Museum and their officers, officials, agents,
           and employees from and against all suits, actions, claims, demands, penalties, fines, liabilities,
           settlements, damages, costs, and expenses (including but not limited to consultants’ fees, reasonable
           fees of attorneys, court costs and litigation expenses) of whatever kind or nature, known or unknown,
           contingent or otherwise, brought against the Vendor and/or the Museum because of any injury,
           including death at any time resulting from bodily injury, damages for care and loss of services, or
           damage received or sustained by any person, persons, or property arising out of or resulting from any
           negligent act, error, or omission of the Tenant, its agents, subcontractors, or its employees arising out
           of the operations of the Tenant or the Tenant’s performance, purported performance, or non-
           performance of this Agreement or Tenant’s activities at the Museum.
      C.   The Landlord shall not, however, in any event be required to indemnify or hold harmless the Tenant
           pursuant to this paragraph with respect to any bodily injury, death, or injury to or destruction of
           property that results from the negligence or willful misconduct of the Tenant or their agents, servants,
           or employees.
      D.   In addition, with respect to any claims, actions, suits, damages or judgments caused by or resulting
           from acts, omissions, or operations of the Tenant, its agents, servants, subcontractors, or employees,
           the Tenant shall:
           i.     investigate or cause the investigation of accidents involving such injuries;
           ii.    negotiate or cause to be negotiated all claims made as may be deemed expedient by Tenant, and
                  defend, or cause to be defended, suits for damages, even if groundless, false, or fraudulent,
                  brought on account of such injuries or damages, in the name and on behalf of the Tenant or the
                  Landlord;
           iii.   pay and satisfy judgments finally establishing the liability of the Tenant or the Landlord in all
                  actions defended by the Tenant pursuant to this paragraph; and
           iv.    pay, or cause to be paid: (1) all costs taxed against the Tenant or the Landlord in any legal
                  proceeding defended or caused to be defended by the Tenant as aforesaid; (2) any interest
                  accruing up to the date of payment by the Tenant; (3) all premiums charged upon appeal bonds
                  required in such proceedings; and (4) all expenses incurred by the Tenant or the Landlord for
                  investigation, negotiation, and defense, including but not limited to expert witnesses’ and
                  attorneys’ fees incurred, should the Tenant fail to provide the defense and indemnification
                  required herein.
      E.   Tenant shall, promptly upon receipt, give the Landlord every demand, notice, summons, or other
           process received in any claim or legal proceeding contemplated herein. In the event the Tenant shall
           fail to give the Landlord notice of any such demand, notice, summons, or other process received by the
           Tenant and such failure to give notice shall result in prejudice to the Landlord in the defense of any


                                                       28
            action or legal proceeding contemplated herein, such failure or delay shall release the Landlord of its
            liability as set forth in this paragraph insofar as only the particular claim or legal proceeding is
            concerned, and only to the extent of such prejudice. Nothing in this subsection shall be deemed a
            change or modification in any manner whatsoever of the method or conditions of preserving, asserting,
            or enforcing any claim or legal liability against the Tenant or the Landlord. This paragraph shall not
            be construed as a waiver of the Landlord’s immunity. The provisions of this paragraph shall not be
            construed to prohibit the Tenant from seeking contribution or indemnity from any third-party which
            may have caused or contributed to the event for which that party indemnified the Tenant or the
            Landlord. Tenant’s agreement to defend, indemnify, and hold the Tenant and the Landlord harmless
            shall not be limited by reason of the specification of any particular insurance coverage in this lease
            agreement.

25.   HOLD HARMLESS. Tenant shall indemnify and hold harmless Landlord against and from any and all
      claims arising from Tenant’s use of the Premises or from the conduct of its business or from any activity,
      work, or other things done, permitted or suffered by the Tenant in or about the Premises, and shall further
      indemnify and hold harmless Landlord against and from any and all claims arising from any breach, default
      in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or
      arising from any act or negligence of the Tenant, any officer, agent, or employee, of Tenant and from all
      costs, attorney’s fees and liabilities incurred in or about the defense of any such claim or any action or
      proceeding brought thereon and in case any action or proceeding be brought against Landlord, shall defend
      the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant shall give prompt
      notice to Landlord in case of casualty or accidents on the Premises.

26.   EARLY TERMINATION.
      A.    The terms of this Lease are contingent upon sufficient appropriations and authorizations being made by
            the Legislature of the State of New Mexico for the performance of this Lease. If sufficient
            appropriations and authorizations are not made by the Legislature, this Lease shall terminate upon
            written notice being given by the Landlord to the Tenant. The Landlord’s decision as to whether
            sufficient appropriations are available shall be accepted by the Tenant and shall be final.
      B.    Notwithstanding any provisions for termination in this Lease, either party may terminate this Lease
            without cause upon sixty (60) days written notice to the other party.

27.   RIGHT TO TERMINATE UPON BREACH OF CONDITION OR AGREEMENT. Either party may
      terminate this lease upon the other party’s substantial breach of any term or condition contained in this lease,
      provided that the breaching party shall be given thirty (30) days from the receipt of written notice of a
      substantial breach to cure the breach or to begin and proceed, with due diligence, to cure a breach that cannot
      be cured within thirty (30) days. In the event of a substantial breach, the non-breaching party shall give the
      breaching party written notice that describes the nature of the breach and notifies the breaching party that,
      unless the breach is cured within the time limits contained herein, the Lease shall terminate without further
      notice at the end of the cure period. Upon termination of the Lease, the Tenant shall surrender the premises to
      Landlord and shall be obligated to pay rent only to the date of surrender.

28.   RULES AND REGULATIONS.
      A.    Tenant shall faithfully observe and ensure compliance with the rules and regulations, subject to sound
            business practices and the Museum’s image and quality, that Landlord may from time to time
            promulgate and/or modify. Landlord will provide copies of the applicable rules and regulations,
            including those policies and procedures dealing with the health and safety of visitors to the Museum
            campus, to Tenant within ten (10) business days of the effective date or signing of this Agreement and
            when any rules or regulations are promulgated and/or modified.
      B.    All public entrances, exits, and designated fire exits of the Premises and other areas of the Museum
            shall be kept unobstructed and open to the public at all times.



                                                         29
      C.    It is the responsibility of Tenant to enforce all rules, regulations, policies, and procedures described or
            referred to herein.

29.   HOURS OF BUSINESS. Tenant shall keep the Premises adequately staffed with sufficient personnel to
      care for the patronage, to the satisfaction of Landlord, and to conduct said business in accordance with sound
      business practices and consistent with the Museum’s image and quality.

30.   SIGNS AND USE OF LANDLORD’S LOGO. Landlord shall approve all signs identifying Tenant’s
      enterprise concessions either within the Premises or within the physical boundaries of the Museum, its
      common areas, and parking lots to the satisfaction of Tenant. Landlord shall further approve any advertising
      or use of the logo of the Museum prior to Tenant using such logo in connection with any promotion,
      advertising, display, or other use in writing and shall take all action necessary to allow such use of the logo.
      Tenant shall not purport to represent the Landlord in any promotion, advertising, or display. Tenant will be
      responsible for the expense of the purchase, installation, and operation of any signs proposed by Tenant and
      approved by Landlord. Tenant shall collaborate with the Museum Director for any production of advertising
      or use of the name of the Museum or its logo prior to Tenant using such logo in connection with any
      promotion, advertising, display, or other writing intended for public dissemination. All signs or similar
      advertising or advertising devices will be erected in accordance with local applicable laws.

31.   APPLICABLE LAW. This Lease shall be governed by the laws of the State of New Mexico.

32.   MERGER OF PRIOR AGREEMENT. This Lease incorporates all of the conditions, agreements and
      understandings between the parties concerning the subject matter of this Lease, and all such conditions,
      agreements, and understandings have been merged into this written Lease. No prior condition, agreement, or
      understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless
      embodied in this written Lease.

33.   AMENDMENTS TO BE IN WRITING. This Lease shall not be altered or amended except by instrument
      in writing executed by the parties.

34.   WAIVER. Waiver by Landlord of any breach of any term, covenant or condition herein contained shall not
      be deemed to be a waiver of any subsequent breach of the same term, covenant or condition nor shall any
      practice which may become established between the parties in the administration of this Lease be construed
      to waive or lessen Landlord’s right to insist upon Tenant’s performance in strict accordance with such terms,
      covenants or conditions. Subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a
      waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the
      failure of Tenant to pay the particular rent so accepted, regardless of Landlord’s knowledge of such preceding
      breach at the time of acceptance of such rent. No covenant, term or condition of this Lease shall be deemed to
      have been waived by Landlord, unless such waiver is in writing by Landlord. The fact that Landlord
      performs an act that it is not (by law or under this Lease) obligated to perform shall under no circumstances
      be deemed a waiver of its right not to perform such act or similar acts in the future. If Tenant fails to perform
      any of its affirmative obligations under this Lease, such unperformed obligation shall survive the expiration
      or sooner termination of this Lease. In addition, Landlord’s consent to or approval shall not be deemed to
      render unnecessary the obtaining of Landlord’s consent to or approval of any subsequent act of Tenant,
      whether similar or dissimilar to the act which was consented to or approved by Landlord.

35.   PARTIAL INVALIDITY. Any provision of this Lease which shall prove to be invalid, void, or illegal shall
      in no way affect, impair or invalidate any other provision hereof and such other provision shall remain in full
      force and effect.

36.   PLANS AND RIDERS. Exhibits and attachments affixed to this Lease are a part thereto.



                                                         30
37.   MARGINAL HEADINGS. The marginal headings and paragraph titles to this Lease are not a part of the
      Lease and shall have no effect upon the construction or interpretation of any part hereof.

38.   TIME. Time is of the essence of this Lease and each and all of its provisions in which performance is a
      factor.

39.   QUIET POSSESSION. Upon Tenant paying the rent reserved hereunder and observing and performing all
      of the covenants, conditions, and provisions of Tenant’s part to be observed and performed hereunder, Tenant
      shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this
      Lease.

40.   CUMULATIVE REMEDIES. No remedy or election hereunder shall be deemed exclusive but shall,
      whenever possible, be cumulative with all other remedies at law or in equity.

41.   ATTORNEY’S FEES. Should it be necessary for Landlord to employ legal counsel to enforce any of the
      provisions herein contained, Tenant agrees to pay all attorney’s fees and court costs reasonably incurred. If
      the Landlord is found at fault, the Landlord agrees to pay all attorney’s fees and court costs reasonably
      incurred.

42.   LATE CHARGES. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent or other
      sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of
      which are difficult to ascertain. Accordingly, if any installment of rent or any sum due from Tenant shall be
      received by Landlord or Landlord’s designee within ten (10) days after written notice that said amount is past
      due, then Tenant shall pay to Landlord a late charge equal to the maximum amount permitted by law (and in
      the absence of any governing law, ten percent (10%) of such overdue amount), plus any attorney’s fees
      incurred by Landlord by reason of Tenant’s failure to pay rent and/or other charges when due hereunder. The
      parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord
      will incur by reason of the late payment by Tenant. Acceptance of such late charges by Landlord shall in no
      event constitute a waiver or Tenant’s default with respect to such overdue amount, nor prevent Landlord from
      exercising any of the other rights and remedies granted hereunder.

43.   NOTICE. The Procurement Code, §13-1-28 through 13-1-199 NMSA 1978, imposes civil and misdemeanor
      criminal penalties for its violation. In addition New Mexico criminal statutes impose felony penalties for
      bribes, gratuities, and kickbacks.

44.   EQUAL OPPORTUNITY COMPLIANCE AND DRUG-FREE WORKPLACE. The Tenant agrees to
      abide by all Federal and State laws and regulations pertaining to equal employment opportunity and
      maintenance of a drug-free workplace. In accordance with all such laws and regulations, the Tenant agrees to
      assure that no person in the United States shall, on the grounds of race, color, national origin, sex, sexual
      preference, age or handicap, be excluded from employment with or participation in, be denied the benefits or,
      or be otherwise subjected to discrimination under any program or activity performed under this Lease. If
      Tenant is found to be not in compliance with these requirements during the life of this lease, Tenant agrees to
      take appropriate steps to correct these deficiencies. Tenant shall follow the State’s and Department of
      Cultural Affairs’ policies on a drug-free workplace.

45.   RECORDS AND AUDITS. The Tenant shall maintain complete and proper books, records and accounts of
      its gross sales, both for cash and on credit. The Landlord, its agents and employees, and the New Mexico
      Department of Finance Administration, shall have the right at any and all times, during the regular business
      hours, to examine and inspect all of the books and records of the Tenant, including any sales tax reports
      pertaining to business of the Tenant conducted in, upon or from the Premises, for the purpose of investigating
      and verifying the accuracy of any statement of sales or compliance with any requirements of state law.



                                                        31
      Tenant shall keep all said records for three (3) years after the expiration of the term of this Lease. If such
      examination shall disclose any willful or substantial inaccuracies, this Lease may thereupon be canceled and
      terminated, at the option of Landlord.

46.   STATUS OF TENANT. The Tenant, and its agents and employees, are not employees of the State of New
      Mexico. The Tenant, and its agents and employees, shall not accrue leave, retirement, insurance, bonding,
      use of State vehicles, or any other benefits afforded to employees of the State of New Mexico as a result of
      this Lease Agreement.

47.   AUTHORITY OF TENANT. The individual executing this Lease on behalf of Tenant, a corporation,
      represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said
      corporation in accordance with the bylaws of said corporation, and that the Lease is binding upon said non-
      profit corporation.

48.   LEASE BINDING ON HEIRS, ETC. This Lease and the covenants and conditions herein contained,
      subject to the provisions as to assignment and subletting, is binding upon the heirs, executors, administrators,
      personal representatives, assignees and successors-in-interest of the parties.

49.   TENANT’S DEFAULT. The occurrence of any one or more of the following events shall constitute a
      default and breach of this Lease by Tenant:
      A.    The vacating or abandonment of the Premises for a period of thirty (30) days by Tenant;
      B.    The failure by Tenant to make any payment of rent or other payment required to be made by Tenant
            hereunder within ten (10) days after written notice to Tenant;
      C.    The failure by Tenant to observe or perform any of the covenants, conditions or provisions, rules and
            regulations in or referred to by Paragraph 28 (Rules and Regulations) of this Lease to be observed or
            performed by the Tenant, where such failure shall continue for a period of twenty (20) days after
            written notice thereof by Landlord to Tenant; provided, however, that if the nature of Tenant’s default
            is such that more than twenty (20) days are reasonably required for its cure, then Tenant shall not be
            deemed in default if Tenant commences such cure within said twenty (20) days period and thereafter
            diligently prosecutes such cure to completion;
      D.    The making by Tenant of any general assignment or general arrangement to the benefit of creditors; or
            the filing by or against Tenant of a petition to have Tenant adjudged a bankruptcy, or a petition or
            reorganization or arrangement under any law relating to bankruptcy (unless, in the case of petition filed
            against Tenant, the same is dismissed with sixty (60) days, or the appointment of a Trustee or Receiver
            to take possession of substantially all of Tenant’s assets located on the Premises or of Tenant’s interest
            in this Lease where possession is not restored to Tenant within thirty (30) days, or the attachment,
            execution or other judicial seizure of substantially all of Tenant’s assets located in the Premises or of
            Tenant’s interest in this Lease, where such seizure is not discharged within thirty (30) days;
      E.    The failure of Tenant to operate the Premises as set forth in Paragraph 29 (Hours of Business);
      F.    If an audit or examination performed pursuant to Paragraph 45 (Records and Audits) discloses any
            willful or substantial inaccuracies; or
      G.    The assignment of this Lease or subletting of the Premises by Tenant.

50.   REMEDIES IN DEFAULT. In the event of any such default or breach by Tenant, Landlord may at anytime
      thereafter, in its sole discretion, with or without notice of demand and without limiting Landlord in the
      exercise of a right or remedy which Landlord may have by reason of such default or breach:
      A.    Terminate Tenant’s right to possession of the Premises by any lawful means, in which case this Lease
            shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such
            event, Landlord shall be entitled to recover from Tenant all damages incurred, but not limited to, the



                                                         32
            cost of recovering possession of the Premises, expenses of re-letting, including necessary renovation
            and alteration of the Premises; and reasonable attorney’s fees. Unpaid installments of rent or other
            sums shall bear interest from the date due at the legal minimum rate; or
      B.    Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not
            Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled to enforce all of
            Landlord’s right and remedies under this Lease, including the right to recover the rent and any other
            charges and adjustments as may become due hereunder; or
      C.    Pursue any other remedy not or hereafter available to Landlord under the laws or judicial decisions of
            the State of New Mexico.

51.   ADDRESS FOR NOTICES, PAYMENT OF RENT, ETC. Notices required under this Lease and rental
      payments shall be made at the following addresses, except as changed by written notice to the opposite party:

        To Landlord at:
                                  New Mexico Farm & Ranch Heritage Museum
                                  4100 Dripping Springs Road
                                  Las Cruces NM 88011-5067

        with a copy sent to       N.M. Department of Cultural Affairs
                                  407 Galisteo Street Suite 260
                                  Santa Fe NM 87501-2834

        To Tenant at:
                                  Vendor Name
                                  Vendor Address

52.   LIST OF EXHIBITS ATTACHED. The following exhibits and attachments affixed to this Lease are a part
      thereto:
      A.    Maps of the Bruce King Building indicating location of spaces for annual lease described in this
            Agreement.
      B.    Maps of the Bruce King Building indicating location of spaces for periodic rental described in this
            Agreement and applicable rental fees.
      C.    List of equipment provided by Landlord.
      D.    List of equipment provided by Tenant.




                                                       33
SIGNATURES AND REQUIRED APPROVALS

IN WITNESS WHEREOF, the parties have executed this Agreement between the Museum and the Vendor for the
Lease of Museum Space for the Development and Management of a Catering Concession dated the 15th day of
May, 2009.

New Mexico Farm and Ranch Heritage Museum

By:
        Dave DeWitt, Chairman

      As authorized and approved by the Board of Directors of the New Mexico Farm & Ranch Heritage
Museum at its meeting of May 15, 2009.

STATE OF NEW MEXICO                                )
                                                                                     ) ss.
COUNTY OF DOÑA ANA                                 )

                 The foregoing is acknowledged before me this _____ day of __________, 2009, by Dave DeWitt,
chairman of the Farm & Ranch Heritage Museum Board of Directors, on behalf of the New Mexico Farm & Ranch
Heritage Museum.

                                             ___________________________
                                             Notary Public
My commission expires:



Vendor Corporate Name

By:
                 Signer

STATE OF NEW MEXICO                                )
                                                                                     ) ss.
COUNTY OF DONA ANA                                 )

                 The foregoing is acknowledged before me this ___ day of ________, 2009, by Signer, officer of the Vendor
Corporation, a corporation organized under the laws of New Mexico.

                                             ___                                     ___________
                                             Notary Public
My commission expires:




[The signature block format may change based on input from the Board of Finance.]




                                                       34
                  Exhibit A.
 Maps of the Bruce King Building indicating location
of spaces for annual lease described in this Agreement.

Note: The Organ View Terrace Room is not part of the
 spaces for annual lease; it is included in Exhibit B.
                            Exhibit B.
      Maps of the Bruce King Building indicating location of spaces
for periodic rental described in this Agreement and applicable rental fees.


 Note: The Kitchen, Kitchen Storage, and Kitchen Office areas are not
 part of the spaces for periodic rental, which are included in Exhibit A.
                                                        Exhibit C.
                                         List of equipment provided by Landlord.


Avaya telephone (ext. TBD)                                      Refrigerated preparation table

64 – Banquet chairs                                             Walk-in freezer

64 – Chair guards                                               8 – Wire shelving (4-foot sections, heavy duty, with
                                                                        four shelves for each section)
Deep fryer (stainless steel)
                                                                Additional tables and chairs may be available from
Char-broiler                                                            Landlord on a per occasion basis by advance
                                                                        request
Countertop, stainless steel with shelf and backsplash
        (18 linear feet)

Dishwasher
                                                                Equipment provided for use
                                                                       in Theater Only
15 – Fluorescent lay-in fixtures (four-tube, 4’ long)
                                                                Audio system (check out microphones from Museum
Food processor                                                          staff)
Hood/vent combo                                                 Cassette tape deck (part of audio system)
Hood/vent fire suppression system                               Computer (for use with projector system)
12 – Lighting fixtures for track lighting (Organ View           Flag, U.S. with stand
        Terrace Room)
                                                                Flag, New Mexico with stand
Lighting tracks (30 feet)
                                                                Light fixtures for theater stage lighting
Mixer (12 quart)
                                                                Podium (wood, fixed)
Podium (3-wire leg stand)
                                                                Projector (ceiling mount; check out remote from
Podium (wood, rolling)                                                   Museum staff)
Range/oven combo                                                Secondary sound board (for use when pre-cleared by
                                                                        Museum staff)
Reach-in refrigerator
                                                                4 – Stereo speakers (ceiling mount)
Reach-in freezer
                                                                VHS/DVD player (check out remote from Museum
Slicer (1/4”)                                                   staff)
Steam table (3-well)
                                                 Exhibit D.
                                        List of equipment provided by Tenant.


List of items provided by the Tenant at Outset of the Agreement

				
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Description: Sample Room Rental and Catering Proposal document sample